The present General Conditions of Sale (hereinafter the "Terms and Conditions") apply to all purchases made by a surfer / physical person (hereinafter the "Customer") on the Internet site Http://www.chapal-shop.com (hereinafter the "Site") from SOCIETE DES ANCIENS ETABLISSEMENTS MICHEL BOJMAL, SARL registered with the Register of Commerce and Companies of Gueret
under number 318489945 , having its headquarters LE POINT DU JOUR 23260 CROCQ,
France Tel: 06 16 11 56 60,
Email: firstname.lastname@example.org (hereinafter the "vendor").
Any order placed on the site implies the customer's acceptance without reserve of the customer of these general conditions of sale.
The terms used below have, in the present General Conditions, the following meaning:
The present General Conditions govern the sale by the seller to its customers of the products.
The client is clearly informed and recognizes that the site is directed to consumers and that professionals should contact the commercial service of the vendor in order to benefit from the contractual conditions distinct.
The Client undertakes to carefully read these Terms and Conditions and accept, before proceeding to the payment of an order of products placed on the site.
The present General Conditions are referenced at the bottom of each page of the site in the middle of a link and must be consulted before ordering. The customer is invited to carefully read, download, print the Terms and Conditions and to keep a copy.
The SELLER advises the customer to read the General Terms and Conditions to each new command, the last version of those conditions applying to any new order of products.
By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the Terms and Conditions without limitation or condition.
To be able to buy a product, the customer must be at least 18 years of age and have the legal capacity or, if he is a minor, be able to justify the agreement of its legal representatives.
The customer will be invited to provide information to identify by completing the form available on the site. The SIGN (*) indicates mandatory fields that must be met for the order of the customer is treated by the seller. The customer can check on the site of the status of his order. The monitoring of deliveries may, if necessary, be performed by using the online tracking tools some of the carriers. The customer may also contact the commercial service of the seller at any time by electronic mail, to the address email@example.com, in order to obtain information on the status of his order.
The information that the customer provides the seller during a command must be complete, accurate and up to date. The seller reserves the right to ask the client to confirm, by any appropriate means, its identity, its eligibility and the information communicated.
The modalities of the right of withdrawal are planned in the "policy of withdrawal", policy available in Annex 1 of the present and accessible at the bottom of each page of the site via a hypertext link.
Any contract concluded with the customer corresponding to a command in a higher amount to 120 euros TTC will be archived by the seller during a period of ten (10) years in accordance with article L. 134-2 of the Code of consumption.
The seller accepts to archive these information to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the customer.
In case of dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
The seller remains the owner of the products delivered up to their full payment by the customer.
The above provisions do not preclude the transfer to the customer, at the time of the receipt by him, or by a third party designated by him other than the carrier, risks of loss of or damage to the goods that are the subject of the reservation of ownership, as well as to the risk of damage that they can cause.
Modalities of delivery of the products are laid down in the "policy of delivery" referred to in Annex 2 of the present and accessible at the bottom of each page of the site via a hypertext link.
Products will be packaged in accordance with the standards of transport in force, in order to ensure a maximum of protection for the products during the delivery. Customers undertake to adhere to the same standards when they return of products in the conditions laid down in the Annex 1 - Policy of withdrawal.
The liability of the SELLER will not be able to in no case to be committed in the event of failure or poor performance of the contractual obligations attributable to the client, in particular during the seizure of his command.
The vendor will not be held for responsible, or considered as having failed to present, for any delay or breach, when the cause of the delay or failure to execute is linked to a case of force majeure such as it is defined by the jurisprudence of the courts and tribunals french.
It is also stated that the seller does not control the web sites which are directly or indirectly related to the site. Accordingly, it excludes all liability in respect of the information which are published. The links to third party web sites are provided for information purposes only and no guarantee is given as to their content.
The data collected by the Seller are used in order to process orders placed on the website, manage the account of the client, analyze the commands and, if the customer has chosen this option, send him the mails of commercial prospection, newsletters, promotional offers and/or information on special sales, except if the customer does not wish to receive such communications from the part of the seller.
The data of the customer are kept confidential by the seller in accordance with its declaration made to the CNIL, for the needs of the contract, its execution and in compliance with the Act.
Customers can at any time unsubscribe by accessing their account or by clicking on the hypertext link provided to this effect at the bottom This each offer received by electronic mail.
The data may be communicated, in whole or in part, the providers of services of the SELLER involved in the ordering process. For commercial purposes, the seller may transfer to its trading partners the names and contact information of its customers, on condition that they have given their prior agreement when registering on the site.
The seller will specifically ask customers if they want their personal data may be disclosed. Customers will be able to change the view at any time on the site or by contacting the seller.
The seller may also request to its customers if they wish to receive commercial solicitations of its partners.
In accordance with the law n°78-17 of 6 January 1978 relative to computing the files and freedoms, the customer benefits from a right of access, rectification, opposition (for legitimate reasons) and suppression of its personal data. It may exercise this right by sending an email to the address: Info@chapal.fr either by sending a mail to LE POINT DU JOUR 23260 CROCQ.
It is specified that the client must be able to justify its identity, either by scanning a piece of identity, either by sending the seller a photocopy of identity.
The seller puts at the disposal of the client a "phone service customer" at the following number: 06 16 11 56 60 (non-premium rate number).
Any written complaint of the customer must be sent to the following address: LE POINT DU JOUR 23260 CROCQ.
All visual and sound elements of the site, including the underlying technology used, are protected by the copyright law, the law of trade marks and/or patents.
These elements are the exclusive property of the seller. Any person who publishes a web site and wants to create a direct link to the site must ask the permission of the Seller in writing.
This authorization of the SELLER shall in no case be granted in a definitive manner. This link will be deleted at the request of the seller. The hypertext links to the site that use techniques such as the framing (framing) or the insertion by hypertext links (in-line linking techniques) are strictly prohibited.
Any amendment of the legislation or of the regulations in force, or any decision of a competent court invalidating one or several clauses of these General Conditions cannot affect the validity of the present General Conditions. Such an amendment or decision would in no case allow customers to ignore the present General Conditions.
All conditions not expressly dealt with in the present will be governed in accordance with the use of the commerce sector to individuals, for companies whose headquarters is located in France.
These Terms and Conditions apply to all purchases made online on the site, as long as the site is available online.
The General Conditions are dated in a precise manner and may be modified and updated by the seller at any time. The General Terms and conditions applicable are those in force at the time of the command.
The changes to the Terms and Conditions shall not apply to products already purchased.
The present General Conditions as well as the relations between the customer and the Seller are governed by the French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the judge of referees or state, will be the preferred approach the negotiations in a spirit of loyalty and good faith with a view to reaching an amicable agreement at the time of the occurrence of any dispute relating to this Contract, including on its validity.
The party wishing to implement the process of negotiation must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties were unable to agree, the dispute will be submitted to the competent court designated below.
During the whole process of negotiation and up to its outcome, the Parties shall prohibit to exercise any legal action against the other and for the conflict object of the negotiation. By exception, the parties are permitted to enter the jurisdiction of the referred or to seek the issuance of an order on request. A possible action before the court hearing the application for interim measures or the implementation of a procedure on request does not entail on the part of the Parties no waiver to the clause to amicable arrangement, except contrary intention Express.
Principle of retraction
The customer has by principle of the right to return or to return the product to the seller or a person designated by the latter, without undue delay and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the seller does not propose to recover itself the product.
The withdrawal period expires fourteen (14) calendar days after the day on which the customer or a third party other than the carrier and designated by the customer, takes physical possession of the product.
In the case where the client would have ordered several products via a single command giving rise to several deliveries (or in the case of an order for a single product delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the customer or a third party other than the carrier and designated by the customer, takes physical possession of the last product delivered.
Notification of the right of withdrawal
For the exercise of his right of withdrawal, the customer must notify its decision to withdraw from the present contract by means of a statement devoid of ambiguity to: LE POINT DU JOUR 23260 CROCQ or firstname.lastname@example.org.
It may also use the form below:
FORM OF RETRACTATION
has the attention of [*] (*coordinates of the seller)
Seller Phone Number*:
fax number of the vendor*:
E-mail address of the SELLER*:
I hereby notify you my withdrawal of the contract relating to the sale of the product below:
Reference of the product
no. of the invoice:
No. of good to command:
- ordered the [____________]/received the [________________]
- Means of payment used:
- name of the customer and where appropriate of the beneficiary of the command:
- Customer Address:
- Delivery Address:
- Signature of the Customer (except in the case of transmission by e-mail)
Tor that the withdrawal period is respected, the client must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the period of withdrawal.
The effects of the withdrawal
In the event of withdrawal on the part of the client, the seller undertakes to repay all of the amounts paid, including the expenses of delivery without undue delay and, in any case, no later than fourteen (14) days from the day where the seller is informed of the willingness of the client to retract.
The seller will refund using the same means of payment that the customer will be used for the original transaction, unless the Customer expressly agrees to a different way, in any case, this rebate will not result in any cost to the customer.
The seller may defer the reimbursement up to the receipt of the property or until the client has provided proof of shipping the property, the date chosen as being that of the first of these facts.
Terms and conditions to return
The customer shall, without undue delay and, in any case, no later than fourteen (14) days after the communication of its decision to withdraw from the present Contract, return the well, to: LE POINT DU JOUR 23260 CROCQ.
This time limit is deemed respected if the customer returns the well before the expiry of the period of fourteen days.
The costs of return
The product must be shipped back in the box used for its first shipment, in perfect condition and its state will guarantee the SEELER decision to send money back or to exchange for a new item.
Should any damage occur on the item due to customer's responsability, the seller will not accept to reimburse.
The client will take in charge the direct cost of returning the well.
State of well returned
The product must be returned following the instructions of the vendor and include all accessories that shipped.
The responsibility of the client is not engaged only in respect of the depreciation of the asset resulting from manipulation other than those necessary to establish the nature, characteristics and the proper functioning of this product. In other words, the customer has the possibility to test the product but its responsibility may be engaged if it conducts manipulation other than those which are necessary.
Exclusions from the Right of Withdrawal
The right of withdrawal is excluded in the following assumptions: the
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS will be sent to the delivery address (es) that the CLIENT will have indicated during the ordering process.
The deadlines for preparing an order and then establishing the invoice before shipment of the PRODUCTS in stock are mentioned on the SITE. These periods are excluded weekends or public holidays.
An e-mail will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address contained in the registration form is correct.
Shipping & Delivery
During the order process, the SELLER informs the CUSTOMER of the possible delays and shipping formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
Terms of delivery
The parcel will be delivered to the CLIENT by our carrier.
In case of absence, a notice of passage will be left to the CLIENT, in order to schedule a new delivery.
The CUSTOMER is informed of the delivery date is set at the end of the online ordering process, before confirming the order.
In the event of non-conformity of the product, the SELLER will reimburse the CUSTOMER without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same method of payment than that used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the SELLER by email of the damage or partial losses observed during the delivery.